[Case Summary]This case involves an inheritance dispute. The plaintiff, Chen *1, and the defendant, Chen *2, are brothers. The dispute originated from a small courtyard house built by their father, Chen *, in 1988, which was registered under Chen *'s name but was actually built on railway land. Chen *2 handed over the house to Pu * for development and construction of a building. Chen *1 discovered that there was a certificate registered under his name, which affected his ability to purchase a house. He requested a division of the newly built residential building, but failed to reach an agreement. Chen *2 then counter-sued Chen *1 for compensation of 400,000 yuan. Chen *2 entrusted Beijing Henglu Law Firm to handle the case.Xiong BinrongThe lawyer defended the case, and the court ultimately ruled that Chen *2 should only pay Chen *1 CNY 65,000 and dismissed Chen *1's other claims. The core disputes include: the legitimacy of the so-called "property ownership certificate", whether the replacement of the house after the renovation of the old house can be used as the object of inheritance, and the validity of the support agreement; applicable legal provisions: the relevant provisions of the Civil Code on inheritance rights and the principle of good faith.

I. Review of the case facts

Sibling disputes over inheritance and how to divide the proceeds from the demolition of an old house are the most difficult aspects of inheritance disputes. In 1988, Chen * built a 132㎡ private house with a courtyard. In 1992, the house ownership certificate was issued (with Chen * as the owner and Chen *2, Chen *1, and Zhang Hong as co-owners). In 1994, the municipal government issued a land use rights certificate. Chen * died in 2005. In 2012, Chen *1 and Chen *2 signed a "Support Agreement", stipulating that Chen *2 would support their mother and inherit the estate if she fulfilled her filial duties. In 2018, Chen *2 failed to inform Chen *1 before transferring the house registered under Chen *'s name to Pu * for the development of a residential building (Pu * did not obtain a construction project planning license). In 2021, Chen *1 discovered that the house registration affected her ability to purchase property and requested its cancellation, but her request was denied. She then demanded a share of the newly built building, but her request was also rejected. As a result, Chen *2 sued Chen *1 for compensation of 400,000 yuan.

II. The focus of the case

  • Focus 1: The "property ownership certificate" and the ownership of the house involved in the case.The house was built on railway land illegally and by bribing officials to obtain permits. Is it a truly shared property, and can it be used as an object of inheritance?
  • Focus 2: The nature of the houses replaced after the renovation of old houses.The newly built residential building on the original site is still an illegal construction and lacks the five certificates. Does the plaintiff have the right to claim his/her rights and apply for an appraisal?
  • Focus 3: Maintenance agreements and honesty and trustworthiness.According to the agreement, Chen *2 should support his mother and inherit the small courtyard. The plaintiff has not raised any objections for many years. Is it in line with the principle of good faith to file a lawsuit now?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Chen *1) alleged that:He/she believes that he/she owns the certificates and should be entitled to a share of the newly built residential building, and sued Chen *2 for compensation of 400,000 yuan for infringement of the right of joint ownership.

The defendant's (Chen *2) position:Hengluo Law Firm was entrusted to defend the case, arguing that the house involved in the case was not jointly owned property and the "property ownership certificate" issued was illegal. The plaintiff's multiple lawsuits were actually an abuse of the right to sue.

Hengluo Lawyer's Agency Opinion:The lawyer conducted a thorough investigation and found that: in 1991, the inventory team reported that there were only four people in the family at that time, and Chen *2 had not yet married. The so-called household separation was a false report; in 1993, the certificate was issued to fill the quota by including all family members as co-owners (omitting mother Li *), and the house borrowed from railway land was an illegal construction. The lawyer defended against the seven points: this case should be a dispute over inheritance rights and the existing house is an illegal construction, which is not within the scope of the court's jurisdiction; there is no factual basis for the plaintiff's claim for compensation for losses, and there is no basis for appraising the existing house; Chen *2 inherits according to the maintenance agreement; the plaintiff has not raised objections for many years; the small courtyard belongs to Chen *2 as arranged by his parents; the plaintiff abuses the right of litigation; and the lawsuit does not comply with the principle of good faith.

  • The notice of evidence collection and investigation and the fact that the applicant obtained the "house ownership certificate" by bribing officials, which negates the legitimacy of the "house ownership certificate".
  • It is claimed that the existing house is an illegal construction without the five certificates, and therefore does not meet the prerequisites for appraisal and authentication
  • According to the maintenance agreement and the fact that there has been no objection for many years, it is argued that the plaintiff's claim violates the principle of good faith

IV. Outcome of the case

The court adopted the opinion of Henglue Law Firm and ultimately ruled that the defendant, Chen *2, should pay 60,000 yuan to the plaintiff, Chen *1, and dismissed the plaintiff's other claims. The court found that the land occupied by the small courtyard house was used by Chen *1 due to historical reasons, and the house was built by Chen *1 with his own funds. Although the certificate listed Chen *1, Chen *2, and his ex-wife as co-owners, the small courtyard house was actually the marital joint property of Chen *1 and his wife, Li *. Based on the alimony agreement, the brothers' filial piety, and the principles of fairness and honesty, the court determined that Chen *2 should compensate Chen *1 for 25% of the value of the replaced house area, which amounted to 60,000 yuan. The plaintiff's claim for 400,000 yuan in compensation was dismissed.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent. Lawyer's advice: In inheritance disputes, the ownership of houses with illegal construction on borrowed land and certificate defects needs to be comprehensively determined based on the investment in building the house, the source of the land, and the registration background. A maintenance agreement can be used as a basis for the distribution of inheritance. If the heirs suddenly sue after a long time without raising objections, they may be deemed to have violated the principle of honesty and trustworthiness. It is recommended to entrust a lawyer as soon as possible to clarify the ownership and fix the evidence in disputes over inheritance among relatives to avoid further losses.

VI. Common Questions about Inheritance Disputes FAQ

  1. Q: If the parents' old house is developed into a new one, how should the siblings divide it among themselves?
    A:First, determine the original ownership of the house and the inheritance shares, then determine the exchange rights based on the renovation agreement, investment, and support situation. The unauthorized construction part is usually difficult to directly evaluate and divide.
  2. Q: If the property ownership certificate is registered in the names of multiple people, does that necessarily mean it's a jointly owned property?
    A:Not necessarily. If it's done to meet the quota or evade policies, combined with the investment in the house and the source of the land, the court may determine that the actual ownership belongs to the parents' arrangement.
  3. Q: Can I inherit all the assets if I sign a maintenance agreement?
    A:Fulfilling one's duty of support and implementing the agreement usually entitles the person to claim inheritance according to the agreement, but this still requires taking into account the opinions of other heirs and legal provisions.
  4. Q: I haven't raised any objections for many years. Can I sue for the division of the inheritance now?
    A:You can file a lawsuit, but if there are no objections for a long time, the court may consider this as a sign of good faith, which may affect the share and the amount of compensation.
  5. Q: Is it reasonable for the other party to demand that I compensate them hundreds of thousands of yuan in an inheritance dispute?
    A:There must be factual and legal grounds. Compensation requests without basic facts or calculation basis are generally not supported by the court, and the main claims in this case were therefore dismissed.